634-24 Service outside the State or by registered mail. [(a)] In any case in which, under section 634-23, provision is made for service of summons as provided by this section, personal service shall be made upon the defendant wherever found or the defendant shall be served by registered or certified mail with request for a return receipt and marked deliver to addressee only, as ordered by the court. A certified copy of the order, the summons and the complaint shall be served, and the service shall be evidenced by an affidavit showing that the required papers were sent by registered or certified mail as aforesaid, and by the receipt signed by the defendant and filed with the affidavit, or in the case of personal service by the return of the serving officer or the affidavit of any other person authorized to serve process in the place where the defendant is found or appointed by the court to make the service.

[(b)] The affidavit required by this section shall set forth facts based upon the personal knowledge of the affiant concerning the methods, means, and attempts made to satisfy the requirements of this section and any other pertinent facts. [CC 1859, 1104; am L 1903, c 5, 1; RL 1925, 2344; am L 1929, c 43, 2; RL 1935, 4080; RL 1945, 10062; RL 1955, 230-32; HRS 634-60; am L 1972, c 89, 2A(g); ren HRS 634-24; am L 1976, c 183, 2; gen ch 1985]


Case Notes


See 10 H. 668, 673 (1897); 35 H. 689, 710 (1940); 46 H. 1, 373 P.2d 710 (1962); 50 H. 484, 443 P.2d 155 (1968).



Previous Vol13_Ch0601-0676 Next